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HomeMy WebLinkAbout97-04061 ! I ! t' I ~ ~ .... , ...... ~ ~ . t-- <3' . ~ ~ " } .. ..Q ~ " ~ ~ li: ~ '" " ~ ~ .. ..() ~ V ~ ~ \J: \ NOW, THEREFORE, in consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice. and have been provided a copy of this agreement with which to consult with counsel. WIFE is represented by James D. Flower, Jr.. Esquire, and HUSBAND is represented by James K. Jones. Esquire. Each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily. after having received such advice and with such knowledge as each has sought from counsel. and that execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will execute, on the date of this agreement. Affidavits of Consent and Waivers of Notice under Section 3301(c) of the Divorce Code, consenting to the entry of a Decree in Divorce. 3. Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that al/ personal property shall be the sole and individual property of the party in whose possession it is as of the date of this agreement. 4. Real Property: The parties are owners of a home at 66 Big Spring Avenue, Newville, Cumberland County. Pennsylvania. HUSBAND and WIFE agree that the Mortgage on l said property is default, and each agree to promptly sign a Deed in lieu of foreclosure to the Mortgagee. 5. Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendenfe lite or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marital Debt: The parties have, in their cwn names, certain credit care accounts which may include some marital debt. Each party will be responsible for the debt on the credit card accounts in his or her name. Each party will incur no debt for which the other may be liable, and will indemnify and hold the other harmless for any debt so incurred. 7. Modification: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto. 8. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 9. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs. executors. administrators, legal representatives. assigns and successors in any interest of the parties. 10. Agreement Not to be Merged: This agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise ,hall not be merged into saJd decree. The parties shall have the right to enforce thiS agreement under the Olvorce Code of 1980. as amended. and In addition. shall retain any I remedies in law or in equity under this agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 11. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 12. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests or claims in or against the property ~ncJuding income and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows' or widowers' rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have. for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees. costs or expenses, whether arising as a result of the marital relation or otherwise. except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or before the breach of any thereof. It is the intention of HUSBAND and WIFE to give to ~ u' , - .' ..;1 J ~~ t~ \11('"' ~~~ p.-. t. -~. . l.... \:"' c~ ,-to". < , CI. \' t,. , L' ....\' CAROL M. FINKENBINDER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 97 . t..JDl.P I CIVIL TERM vs. MICHAEL J. FINKENBINDER Defendant. IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may reCluest marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. II I 1 I II I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHEIlE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for the Plaintiff II It 'I \1 t II II i I I \, BY"':'~H< I I) . James D, Flower, Jr., Esquire lD # 27742 _ 11 East High Street Carlisle. PA 17013 (717) 243.5513 i -a ~ "J; r- In >- ;.- ~ ~ ~ '': ,,: It) t-~ j 11 ,', .:7 III ". G1 c<:. , , 1~~ : cJ <.,', , ~) C.. ("-J I_ . , L._ . , ~-J U. r- ..:J '-' ~' U >. If' P' -' .- ;.; (,.: t . ~ , , L ( ". { . ,. . ,. . .: ",., . . {;: 111 .- -- ,. " \.~ : C .-.( r;. U ;!'-' ' :~ I ., , , '. '- .